SECOND DIVISION
[G.R. No. 237424. November 14, 2018.]
PEOPLE OF THE PHILIPPINES, petitioner, vs.XXX, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated14 November 2018which reads as follows:
"G.R. No. 237424 (People of the Philippines vs. XXX). 1 — This is an appeal 2 assailing the Decision 3 dated July 20, 2017 of the Court of Appeals (CA) in CA-G.R. CEB-CR HC No. 02059 which affirmed the Decision 4 dated April 20, 2015 of the Regional Trial Court (RTC) of Bais City, Branch 45 in Criminal Case No. F-10-78-MY finding accused-appellant XXX guilty of Qualified Rape under Article 266-A (1) (d), in relation to Article 266-B (1), of the Revised Penal Code (RPC).
The Facts
Accused-appellant, XXX, was charged with Qualified Statutory Rape through Sexual Intercourse, defined and penalized under Article 266-A (1) (d), in relation to Article 266-B (1), of the RPC, by having carnal knowledge of his 11-year-old daughter AAA. 5 The accusatory portion of the Information 6 reads:
Criminal Case No. F-10-78-MY
That on January 13, 2010 at around 4:00 o'clock in the afternoon, more or less in ____________________ Negros Oriental, Philippines and within the jurisdiction of this Honorable Court, the accused [XXX] did then and there willfully, unlawfully and feloniously succeeded in having forced sexual intercourse with his own daughter AAA, 11 years of age, by means of threats and intimidation, and taking advantage of his moral ascendancy and influence, to wit: by taking her to the woodland on the pretext of gathering wood, and upon arriving thereat, said accused forcibly removed the victim's shorts and undergarment, kissed her on her face, lips and body, positioned himself on top of her, opened the labia of her vagina with the use of his hand, inserted his penis inside her vagina, and thereafter, had forced sexual intercourse with her. The said accused threatened his daughter that he will kill her mother and siblings should she report the incident. The accused committed the crime of statutory rape with the attendance of the aggravating circumstance of relationship, the accused being the father of the victim, to the damage and prejudice of said victim. IDSEAH
Contrary to law. 7
Version of the Prosecution
On January 13, 2010, at about 4:00 p.m., AAA, who was then only 11 years old, was brought by her father, XXX, to the woodlands on the pretext of gathering firewood. 8
Immediately upon arrival, XXX ordered AAA to undress. Instead of obeying, AAA ran and escaped but her foot got caught in a vine and she fell down. When XXX caught up with her, he started removing his clothes and then started undressing her. He thereafter spread her vagina and inserted his penis. 9
AAA struggled to free herself but XXX told her to keep quiet and proceeded to have carnal knowledge of her. Right after the deed, he ordered her to stand up and put on her clothes. At about 5:00 p.m., they went home together. AAA immediately reported to her mother the beastly act done by her father. She narrated how XXX threatened to kill them all if she disclosed what happened. When they finally had the opportunity, AAA along with her siblings and mother fled towards the house of her grandparents in _____________________. AAA, accompanied by her mother went to the police station to report the incident then proceeded to the Rural Health Unit of __________________ Negros Occidental where she was examined by Dr. Ernest Uy (Dr. Uy). 10
The medical examination conducted by Dr. Uy revealed that AAA had lacerations in her hymen at 6:00 o'clock, 9:00 o'clock and 3:00 o'clock positions. Dr. Uy likewise added that these could have been caused by a hard object placed inside the vagina, e.g., a male organ or a finger. Dr. Uy also clarified that healed lacerations could mean 7 to 10 days old lacerations. 11
Version of the Defense
XXX denied the charges against him. He testified that on January 13, 2010, at around 4:00 p.m., he was working in the sugarcane field, cutting sugarcane owned by Albert Acaso. He explained that the sugarcane field is four kilometers away from their house, and can be reached after an hour and a half of walking. 12
XXX likewise testified that prior to the alleged incident, he had a quarrel with his wife who he claims to be having an affair with a man named Celso. He alleged that prior to the filing of the case against him, his wife and Celso were already living together and the wife merely used their daughter to concoct a story that would put him in jail. 13
In a Decision 14 dated April 20, 2015, the RTC found XXX guilty beyond reasonable doubt of the crime charged, the dispositive portion of which reads:
WHEREFORE, premises considered, the prosecution having proven the guilt of [XXX] beyond reasonable doubt, he is hereby sentenced to RECLUSION PERPETUA and to indemnify the victim AAA the sum of One Hundred Thousand (P100,000.00) Pesos and another sum of One Hundred Thousand (P100,000.00) Pesos as moral damages. aCIHcD
SO ORDERED. 15
On appeal, the CA affirmed the factual findings of the trial court but modified the award of damages to include exemplary damages in the amount of Php100,000.00 and interest at the rate of six percent (6%) per annum to be imposed on all monetary awards. The CA likewise ruled that XXX shall not be eligible for parole. The dispositive portion of the decision reads:
WHEREFORE, the appeal is DENIED. The Judgment dated April 20, 2015 of the [RTC], 7th Judicial Region, Branch 45, Bais City, in Criminal Case No. F-10-78-MY, finding [XXX] guilty beyond reasonable doubt of the crime of Qualified Statutory Rape through Sexual Intercourse is AFFIRMED with the modification that:
(1) Aside from the civil indemnity and moral damages of Php100,000.00 each, [XXX] is likewise ordered to pay AAA an additional amount of Php100,000.00 as exemplary damages;
(2) [XXX] shall not be eligible for parole; and
(3) All awards for damages shall earn interest at the legal rate of 6% per annum from the date of finality of this judgment until fully paid.
SO ORDERED.16
Hence, this appeal.
The Issues
WHETHER OR NOT THE CA ERRED IN AFFIRMING THE JUDGMENT OF CONVICTION; and
WHETHER OR NOT THE PROSECUTION FAILED TO PROVE BEYOND REASONABLE DOUBT THE ELEMENTS OF THE CRIMED CHARGED.
Ruling of the Court
This appeal is devoid of merit.
The crime of Statutory Rape through Sexual Intercourse is defined and penalized under Article 266-A (1) (d), in relation to Article 266-13 (1), of the RPC, which states:
Article 266-A. Rape, When and How Committed. — Rape is committed —
1) By a man who shall have carnal knowledge of a woman under any of the following circumstances: cHaCAS
xxx xxx xxx
d) When the offended party is under twelve (12) years of age or is demented, even though none of the circumstances mentioned above be present;
xxx xxx xxx
Article 266-B. Penalties. — x x x
The death penalty shall also be imposed if the crime of rape is committed with any of the following aggravating/qualifying circumstances:
1. When the victim is under eighteen (18) years of age and the offender is a parent, ascendant, step-parent, guardian, relative by consanguinity or affinity within the third civil degree, or the common-law spouse of the parent of the victim. (Emphases Ours)
It is undisputed that AAA was only 11 years old on January 13, 2010. AAA testified that she was raped by her father, XXX, three times before the rape incident on January 13, 2010. Her claim was corroborated by the findings of Dr. Uy, the physician who examined her about two weeks after the incident and found healed hymenal lacerations at 6:00 o'clock, 9:00 o'clock and 3:00 o'clock positions.
In People v. Lopez, 17 the Court held that the gravamen of the offense of statutory rape as provided under the RPC is the carnal knowledge of a woman below twelve years of age. The only elements of statutory rape are: (1) that the offender had carnal knowledge of a woman; and (2) that the woman is under twelve (12) years of age.
With regard to the medical examination conducted, the Court has previously held that "hymenal lacerations, whether healed or fresh, are the best evidence of forcible defloration. And when the consistent and forthright testimony of a rape victim is consistent with medical findings, there is sufficient basis to warrant a conclusion that the essential requisites of carnal knowledge have been established." 18
In People v. Palanay, 19 the Court thoroughly explained that by the distinctive nature of rape cases, conviction usually rests solely on the basis of the testimony of the victim, provided that such testimony is credible, natural, convincing, and consistent with human nature and the normal course of things. Thus, the victim's credibility becomes the primordial consideration in the resolution of rape cases. The evaluation of the credibility of witnesses and their testimonies is a matter best undertaken by the trial court given its unique opportunity to observe the witnesses firsthand and to note their demeanor, conduct, and attitude under grilling examination. In this regard, factual findings of the trial court, its calibration of the testimonies of the witnesses, and its conclusions anchored on its findings are accorded by the appellate court high respect, if not conclusive effect, more so when affirmed by the CA.
XXX's defenses of denial and alibi, on the other hand, deserve scant consideration. It is a time-honored principle in jurisprudence that positive identification, more so when corroborated by other pieces of evidence, prevails over alibi since the latter can easily be fabricated by the accused. For the defense of alibi to hold water, the accused must establish, by clear and convincing evidence, (a) his presence at another place at the time of the perpetration of the offense, and (b) the physical impossibility of his presence at the scene of the crime. Physical impossibility means that the accused was at such other place for such a length of time that it was impossible for him to have been at the crime scene, either before or after the time he was at such other place. 20 DACcIH
Although XXX insists that he was working in the sugarcane farm at the time of the incident and that said field was four kilometers away from the place of the incident, the same does not equate to the physical impossibility of XXX to be at the scene of the crime. As correctly held by the appellate court, XXX failed to establish that he stayed in the farm all day until 4:00 p.m. While it may be true that XXX worked that day, it was not physically impossible for him to have been at the scene of the rape at 4:00 p.m. His defense of denial cannot overcome the categorical and positive testimony of AAA who identified him as the person who raped her. This Court, in a catena of cases, 21 has held that testimonies of rape victims who are young and immature deserve full credence, considering that no young woman, especially of tender age, would concoct a story of defloration, allow an examination of her private parts, and thereafter pervert herself by being subject to a public trial, if she was not motivated solely by the desire to obtain justice for the wrong committed against her. Thus, the Court finds no reason to reverse XXX's conviction.
Finally, the Court affirms the modifications made by the appellate court. This is in line with the Court's pronouncement in People v. Jugueta, 22 that in case of Qualified Rape, the amounts of exemplary damages, civil indemnity and moral damages are increased to Php100,000.00 each for each count. In addition, all damages awarded shall earn legal interest at the rate of six percent (6%) per annum from the date of finality of this Resolution until fully paid.
WHEREFORE, premises considered, the appeal is DISMISSED. The Decision dated July 20, 2017 of the Court of Appeals in CA-G.R. CEB-CR H.C. No. 02059, finding XXX guilty of the crime of Qualified Statutory Rape under Article 266-A (1) (d), in relation to Article 266-B (1), of the Revised Penal Code, is hereby AFFIRMED in toto.
SO ORDERED." (J. Reyes, Jr., J., designated as Acting Member per Special Order No. 2587 dated August 28, 2018.) HSCATc
Very truly yours,
MARIA LOURDES C. PERFECTODivision Clerk of CourtBy:(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1. At the victim's instance or, if the victim is a minor, that of his or her guardian, the complete name of the accused may be replaced by fictitious initials and his or her personal circumstances blotted out from the decision if the name and personal circumstances of the accused may tend to establish or compromise the victims' identities, in accordance with and the Amended Administrative Circular No. 83-2015 dated September 5, 2017.
2. CA rollo, pp. 102-103.
3. Penned by Associate Justice Gabriel T. Robeniol, with Associate Justices Pamela Ann Abella Maxino and Germano Francisco D. Legaspi, concurring; id. at 84-100.
4. Rendered by Judge Candelario V. Gonzalez; id. at 12-18.
5. The real name of the victim, her personal circumstances and other information which tend to establish or compromise her identity, as well as those of her immediate family, or household members, shall not be disclosed to protect her privacy, and fictitious initial shall, instead, be used, in accordance with People v. Cabalquinto (533 Phil. 703 [2006]) and the Amended Administrative Circular No. 83-2015 dated September 5, 2017.
6. CA rollo, p. 12.
7.Id.
8.Id. at 13.
9.Id.
10.Id.
11.Id. at 15.
12.Id. at 16.
13.Id.
14.Id. at 12-18.
15.Id. at 18.
16.Id. at 99.
17. 617 Phil. 733 (2009).
18. People v. Sabal, 734 Phil. 742, 746 (2014), citing People v. Perez, 595 Phil. 1232, 1258 (2008).
19. 805 Phil. 116 (2017).
20. People v. Buban, 541 Phil. 482, 502 (2007).
21. People of the Philippines v. Rafael Agudo y Del Valle, G.R. No. 219615, June 7, 2017; People v. Regalado, 793 Phil. 493 (2016); People v. Perez, 595 Phil. 1232 (2008).
22. 783 Phil. 806 (2016).
II. For Simple Rape/Qualified Rape:
1.1 Where the penalty imposed is Death but reduced to reclusion perpetua because of R.A. No. 9346:
a. Civil indemnity — P100,000.00
b. Moral damages — P100,000.00
c. Exemplary damages — P100,000.00